Michael McDowell (Dublin South East, Progressive Democrats)

I thank Deputy Gregory for tabling this question. Deputies will be aware of the main facts of this distressing case. Sylvia Shiels and Mary Callinan were brutally murdered on the night of 6-7 March 1997. In July of that year the late Mr. Dean Lyons made an apparently full confession to investigating Garda officers of his alleged guilt in the double murder. Following consultation between the Garda and the Office of the Director of Public Prosecutions, he was charged with one of the murders at Grangegorman. In August 1997 another person, whom I cannot name in the House, was arrested and detained during the investigation of another double murder and made a confession regarding the Grangegorman murders. As a result of the admissions made by the second person, the Garda Commissioner appointed an assistant commissioner to review all available evidence regarding these murders.

The Garda authorities state that this investigation indicated that Mr. Lyons did not commit the murders in question. Following completion of this review, a report was submitted by the assistant commissioner to the Director of Public Prosecutions. In April 1998, after consideration of the report, the DPP decided that criminal proceedings against Mr. Lyons be discontinued. In July 1999, Mr. Lyons presented a signed and witnessed statement denying any involvement in the Grangegorman murders.

As the House is aware, when the DPP decides not to prosecute in a particular case, the reasons for the decision are given to the Chief State Solicitor and the investigating gardaí. However, the director has stated that it is his policy not to disclose this information otherwise. The prosecution of alleged offences is the responsibility of the DPP alone. He is independent in the exercise of his functions and it would therefore not be appropriate to intervene or comment on his decisions.

On 24 February, the Garda Síochána press office published a notice on behalf of the Garda Commissioner in a number of newspapers which stated that the Garda was satisfied that Dean Lyons had no participation in the murders and that it appreciated the embarrassment suffered by his family as a result of criminal charges preferred against him and subsequently withdrawn. It regretted and apologised to the family of Mr. Lyons for any embarrassment caused.

In recent days, I have received a comprehensive up-to-date report which I requested from the Garda authorities on all matters arising in this case. The report is a detailed one and is accompanied by a large volume of associated papers. I have also previously indicated to the House my reservations regarding a public inquiry into this case. The death of Dean Lyons has obvious implications for the effectiveness of such an inquiry. I must also be mindful that the criminal investigation into the two murders is not closed. In particular, a forensic "cold case" review is being conducted by the Garda on exhibits and samples to see if there is forensic material to support a prosecution against the other person. This has led to the re-examination of a large number of such exhibits and samples. The outcome of this review could lead to charges being made in future, and I am sure the House will appreciate that I cannot prejudice that decision.

Nevertheless, taking all these factors into consideration, I accept that there are understandable grounds for concern that Dean Lyons made an apparently inculpatory statement in this case. This is why, having taken the representations made by a number of Deputies, including Deputy Gregory, into account, I have decided in principle to refer the Garda papers in the case to outside counsel with a view to examining how Mr. Lyons came to make the confession and what lessons can be learned from that occurrence in an effort to ensure that something similar does not happen again in future. I expect to have the terms of reference for the examination finalised and a person to carry it out chosen shortly.

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